European Union: EU Artificial Intelligence Act (AI Act)

Artificial intelligence (AI) in pop culture has never actually been depicted in a trust-building environment, but has always been shown in the light of disruptions, if not catastrophes. In a recent survey, more than 72% of Americans expressed worry about a future in which machines perform many human jobs .

AI thrives on the processing of large volumes of data to be able to deliver focused and targeted solutions. Last year in April, the European Commission (EC) unveiled a legal framework for AI, the Artificial Intelligence Act (AI Act), the first of its kind. The AI Act aims to implement an ecosystem of trust by proposing a legal framework within which people use AI-based solutions while encouraging businesses to develop them.

When it comes to technology, Europe has made no secret of its desire to export its values across the world, at least at a principle level. Similar to the General Data Protection Regulation (GDPR), which has become the conventional norm, the AI Act could also become a global precedent, determining to what extent AI may seep into our general day-to-day functioning, or whether it will be limited to automated use by larger entities only. The AI Act is already making waves internationally. In late September, Brazil’s Congress passed a bill that creates a legal framework for artificial intelligence .

Needless to say, AI is expected to bring a wide array of economic and societal benefits, across sectors. However, the implications of AI systems for the protection of fundamental rights under the EU Charter of Fundamental Rights , as well as the safety risks for users when AI technologies are embedded in products and services instigated the need to develop a ‘human-centric’ legal framework which focuses on the specific utilization of AI systems and attributed risks.

Background

The AI Act defines mandatory requirements applicable to the design and development of AI systems before they are placed on the market. The AI Act is applicable to providers of AI systems established within the EU or in a third country placing AI systems on the EU market or putting them into service in the EU, as well as to users of AI systems located within the EU. It is pertinent to note that it also applies to providers and users of AI systems located in a third country where the output produced by those systems is used in the EU. However, the provisions of the AI Act do not apply to AI systems developed or used exclusively for military purposes , to public authorities in a third country, or to international organisations, or authorities using AI systems in the framework of international agreements for law enforcement and judicial cooperation .

As far as the definition of AI is concerned, the EC instead of defining the same has chosen to define AI systems instead. As per the AI Act, an AI system is a software that is developed with one or more of the techniques and approaches (machine learning, logic, and knowledge-based approaches and statistical approaches) and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with.[…]